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What are my rights as patient, who also happens to be disabled to receive medical care from a health care system of my choice?

Anaheim, CA |

I am a 51, disabled female who has been denied access to medical care within the Catholic Health Care System, which is the health care system I prefer receiving all of my health care needs. As a patient disabled or not, do I not have the right to seek medical care from a healthcare system of my choice, that accepts my medical insurance.

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Attorney answers 3

Posted

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

That being said, health care providers do not have an obligation to treat anyone (except in certain emergency situations). If they don't want you as a patient, your remedy is to find another provider.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies. /Christopher E. Ezold/ The Ezold Law Firm, P.C. Employment, Business and Health Law One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com

Posted

Most people are limited in one respect or another by where they can go for medical service, and you very likely are limited, too. If you have insurance coverage, your ins plan will limit the providers that you can be treated by with an expectation of coverage pursuant to the terms of your plan. No provider (other than emergency room confronted with a medical emergency) is required by law to treat a patient who the facility chooses not to treat, unless there is a contractual provision (such as with a health plan or insurer) providing otherwise. State law prevents you being denied service for reasons of race, religion or other "protected classification". The "CHCS" does not appear to be a specific entity operating in California.

Except as spelled out here, or otherwise provided by a specific contract between you and a care provider, you do not have a general right to receive your health care under the auspices of any specific religious organization or organized religion.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Asker

Posted

The Catholic Health Care System I have been utilizing, since 1986, does ACCEPT my medical insurance. For whatever reason, I have been dismissed and I do not think it has anything to do with type of health care insurance I have. (I have Medicare/Medicaid or Medi-Cal in California. So it has nothing to do with my insurance. Apparently, and I do not have the answer, it is for some other reasons that no one has privied me too. I am Catholic and prefer receiving care through the Catholic Health Care System. I do have the right. However, someone with the Catholic Health Care System where I live, is not allowing to continue to receive care from the Catholic Health Care System. I do not understand why I am no longer allowed to be receiving care from the Catholic Health Care System.

Posted

I agree with Ms. McCall's answer above, but have one additional thought. Although no provider (except certain emergency departments) is required to accept you as a patient, none are allowed to reject you on the basis for your disability. If there are specific facts that cause you to think that has occurred you can contact an attorney in your area who brings cases under the Americans with Disabilities Act (ADA) to evaluate your specific situation or the Department of Justice which enforces that law - see www.ada.gov - though a mediation approach.

This response is intended to provide general information, but not legal advice. The response may be different if there are other or different facts than those included in the original question. See MKnutsonLaw.com for more information on why this communication is not privileged or create an attorney-client relationship.

Christine C McCall

Christine C McCall

Posted

My experience with physician and facility licensing is that a patient CAN indeed be rejected on the basis of the patient's disability if the factual basis for rejection on that ground is the professional judgment that the licensed care-giver or facility is unable to effectively treat the patient's disability.

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